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Citing ‘leisure wear effect’, MySuper class action seeks in-person hearing
Class Actions 2022-02-08 3:03 pm By Cat Fredenburgh

The parties in a class action accusing a Commonwealth Bank of Australia unit of breaching its superannuation trustee duties want the matter to be heard in person and are willing to foot the bill for the judge to travel to Sydney to make it happen.

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IP Australia puts kibosh on extension for Bayer’s contraceptive patent
Intellectual Property 2022-02-08 10:56 pm By Cat Fredenburgh

IP Australia has quashed an extension for a patent covering a Bayer oral contraceptive, saying the extension should have been calculated based on a drug that was included on the Australian Register of Therapeutic Goods at an earlier date.

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Law firm sues Lloyd’s syndicate over coverage for $3.7M settlement
Insurance 2022-02-07 9:07 pm By Cat Fredenburgh

One of Australia’s largest law firms has taken its insurer to court for failing to cover part of a $3.7 million settlement of a claim stemming from the sale of apartments at a $105 million South Yarra complex developed by millionaire Harry Stamoulis.

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Deloitte report on Mercedes-Benz fixed-price model was ‘spin’, court hears
Automotive 2022-02-07 1:46 pm By Cat Fredenburgh

Australian Mercedes-Benz dealers behind a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model allege the car maker engaged Deloitte as a consultant so it could “spin” its real reasons for making the change.

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Arrium shareholders in class action can’t access full KPMG audit file
Class Actions 2022-02-04 1:59 pm By Cat Fredenburgh

Shareholders in a class action against failed steel giant Arrium and KPMG have lost their bid for KPMG’s complete audit file for Arrium to probe the Big Four accounting firm’s handling of the steel producer’s financial statements before its collapse in April 2016.

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Forum director Tesoriero questions sale of Papas’ Sydney residence
Restructuring & Insolvency 2022-02-04 12:34 pm By Cat Fredenburgh

Forum Finance director Vince Tesoriero has raised concerns about the validity of the sale of a $4 million home in Sydney inner-West suburb Rozelle where company founder Bill Papas and his girlfriend lived, but a judge has indicated any attempt to block the sale would be “hopeless”.

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Nine can argue MP Andrew Laming a ‘creep’ in defamation defence
Defamation 2022-02-04 10:38 am By Cat Fredenburgh

A judge has allowed Nine Network to claim that MP Andrew Laming is a ‘creep’ in its contextual truth defence to the Queensland politician’s defamation lawsuit over a news segment that accused him of taking a lewd photograph.

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Senate committee backs cap on litigation funders’ returns
Class Actions 2022-02-03 6:04 pm By Cat Fredenburgh

A Senate committee has endorsed a proposed law that would put a cap on the commission litigation funders can earn for backing class actions, but said the legislation should be amended to ensure courts are not kneecapped in exercising their power to determine what is fair in each case.

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Gilbert + Tobin nabs climate change ace from Baker McKenzie
Climate change 2022-02-03 10:47 pm By Cat Fredenburgh

A leading climate change lawyer at Baker McKenzie has made the jump to Gilbert + Tobin, less than a year after the US firm’s renewable energy practice lost its global co-head and two partners to another Big Six firm.

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IOOF unit fined $6M for financial adviser’s bad advice
Financial Services 2022-02-03 6:26 pm By Cat Fredenburgh

A judge has hit IOOF unit RI Advice with a $6 million penalty for failing to rein in an adviser who reaped hefty commissions for steering clients towards risky investments, despite earlier expressing concerns the penalty may not have enough sting.

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